Appeal No. 95-2971
Application No. 07/742,260
We therefore conclude that the disclosure and teachings of Sugiyama are sufficient
to have established a prima facie case of unpatentability of the subject matter of claims 1 -
10.
SUMMARY:
The examiner's decision to reject claims 1-13 as being unpatentable under 35
U.S.C. § 103 is reversed. A new ground of rejection is entered pursuant to 37 CFR
1.196(b) under 35 U.S.C. § 103 over Sugiyama.
This decision contains a new ground of rejection pursuant to 37 CFR §
1.196(b)(amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131,
53,197 (Oct. 10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
37 CFR § 1.196(b) provides that, “A new ground of rejection shall not be considered final
for purposes of judicial review.”
37 CFR § 1.196(b) also provides that the appellant, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the following two options with
respect to the new ground of rejection to avoid termination of proceedings (§ 1.197(c)) as
to the rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or a
showing of facts relating to the claims so rejected, or both, and have the
matter reconsidered by the examiner, in which event the application will be
remanded to the examiner. . . .
(2) Request that the application be reheard under § 1.197(b) by the
Board of Patent Appeals and Interferences upon the same record. . . .
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